Delhi HC refuses to hear PIL for confiscation of black money, Benami property; life imprisonment for culprits

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New Delhi: The Delhi High Court on Monday refused to hear a Public Interest Litigation (PIL) seeking direction from the Centre, Law Commission and Delhi government to ascertain the feasibility of confiscating 100 per cent black money, Benami property, disproportionate assets. The bench of Justice Satish Chandra Sharma and Justice Subramonium Prasad today refused to hear the matter and asked the petitioner to approach Supreme Court in this regard.

The petitioner Advocate Ashwini Kumar Upadhyay sought direction to awarding life imprisonment in related offences relating to black money, Benami property, money laundering, disproportionate assets, bribery, profiteering, hoarding, adulteration, black marketing, human-drug trafficking, tax evasion and dishonest misappropriation of property by cheating fraud forgery.

The petitioner stated that the court may constitute an expert committee or direct the Law Commission of India to examine the stringent anti-corruption laws of the developed countries, particularly the laws relating to bribery, black money, Benami property, disproportionate assets, tax evasion, money laundering, profiteering, hoarding, adulteration, human and drug trafficking, black marketing, dishonest misappropriation of property by cheating fraud forgery, and prepare a comprehensive report within three months.

The plea stated that corruption undermines democracy and rule of law, leads to violations of human rights, distorts markets, erodes the quality of life and allows organized crime like separatism terrorism Naxalism radicalism gambling smuggling kidnapping money laundering and extortion and other threats to human security to flourish.

It hurts EWS-BPL families excessively by diverting the funds intended for their development, undermines the government`s ability to provide basic services, seeds inequality and injustice and discourages foreign aid and investment. 

It also stated that corruption is a key factor in economic underperformance and the main obstacle to poverty alleviation. The right to life and liberty guaranteed under Article 21 cannot be secured and the golden goals of the Preamble cannot be achieved without curbing corruption.

So, the Centre and state must implement stringent anti-corruption laws in order to give a strong message that it is determined to weed out corruption, black money generation, benami transaction and money laundering. The Centre must take steps to reaffirm the rule of law, improve transparency and warn looters that betrayal of public trust will no longer be tolerated, the plea stated.